ANNUAL NOTIFICATION OF PARENT/STUDENT RIGHTS 2012 - 2013

School districts in California are required to annually notify students, parents, and guardians of their rights and responsibilities. This is the 2015-16 annual notice to parents/guardians of students enrolled in programs in the Fremont Union High School District, (hereinafter referred to as FUHSD). This notice, which is required by Educational Code 48980, provides important information about federal laws and state education codes, as well as information relating to rights and responsibilities of parents or guardians of children. The abbreviation of “EC” that is found after the title of most sections refers to the California Education Code (EC), the abbreviation “BP” refers to District Board Policies and “AR” refers to Administrative Regulations The District’s BP’s and AR’s can be accessed online at http://www.fuhsd.org/policies.

Please review this information carefully as it applies directly to you and your child’s participation in our educational programs. If you have any questions, or if you would like to review specific documents mentioned in the notice, please contact your school administrator. He or she will be able to give you more detailed information and assist you in obtaining copies of any materials you wish to review.

A copy of this document in hard copy is available at your school site.

You will need to sign the 2015-16 acknowledgement of receipt and return it to your school site.

Please note that you will receive the EMERGENCY/ZERO TOLERANCE FORM/ACADEMIC/ HONESTY/ TECHNOLOGY USE/PHOTO-VIDEO RELEASE forms from your school site later this summer. Your signature is required on these forms in order for your student/s to receive their schedules and begin school in August.

HAVE YOU MOVED?

If you have recently moved, you must document your change of address within 14 days of your date of move. Changes of address must be done in person at the Enrollment & Residency Office located at 589 W. Fremont Avenue, Sunnyvale. You will be required to provide residency verification documents. Failure to notify the school and provide proof of residency could delay your child’s placement into classes.

If your student will NOT BE ATTENDING Fremont Union High School District schools for the 2015-2016 school year, please immediately notify your student’s school: Cupertino High School 408-366-7300, Fremont High School 408-522-2405, Homestead High School 408-522-2503, Lynbrook High School 408-366-7710, and Monta Vista High School 408-366-7610. You may also call the District’s Enrollment & Residency Office at 408-522-2266.

The Fremont Union High School District is committed to advancing the pursuit of intellectual excellence and to maintaining the highest standards and expectations for academic integrity among all students. We believe in establishing a school climate that promotes ethical and responsible student conduct.

In conjunction with that belief, we support the development of a school culture that furthers our academic mission and recognizes the hard work of students and faculty alike. We are convinced that neither pressure for grades, inadequate time for studying or completing an assignment, nor unrealistic parental expectations justify students acting dishonestly. As a professional learning community, we affirm that “learning for learning’s sake” is intrinsically valued, and we will not tolerate any infractions that create or result in an unfair academic advantage for one student, or a disadvantage for another. In short, any form or act of academic dishonesty will undermine our standards of excellence and violate the trust that bonds all members of the school community.

The District considers violations of the FUHSD Academic Honesty Policy to be serious offenses and has therefore instituted consequences. The consequences apply on a school-wide and districtwide basis, i.e., a violation in one class follows a student to a different class within the school, and a violation at one school follows a student to a different school within the District. Additionally, violations of the FUHSD Academic Honesty Policy are cumulative for all the years a student is enrolled in the Fremont Union High School District.

The complete FUHSD Academic Honesty Policy will be sent to parents and students from the school site and can also be accessed on the District’s website under Annual Notifications.

Acceptable Use of Technology

One of the goals of the Fremont Union High School District (FUHSD) is to assist in advancing the use of technology to enhance student learning. Access to technology is a privilege, not a right, and students enrolled in FUHSD programs or activities must follow FUHSD guidelines and procedures regarding acceptable use of technology. FUHSD shall make a diligent effort to filter the inappropriate or harmful matter accessible through the Internet, and students shall also take responsibility not to initiate access to inappropriate or harmful matter while using FUHSD technology. Violation of this policy may result in disciplinary action and the loss of the privilege to use the technology and/or civil or criminal liability. The complete FUHSD Student Technology Use Policy is included in the School mailer sent by the school (not the district) and can also be accessed on the District’s website http://www.fuhsd.org/annual-notifications.

All FUHSD students and their parents/guardians shall sign the Acceptable Use of Technology Agreement prior to using technological resources. You will receive this form from your school site. Students and parents are required to sign this form prior to beginning school in the 2015-16 school year.

The Fremont Union High School District maintains and annually updates its management plan for asbestos-containing material in school buildings. A copy of the school’s Asbestos Management Plan, the results of the December 2007 inspection and other asbestos records are located in the school administration office. This documentation is public information and is available for your review. If you have any questions or concerns, please contact Erik Walukiewicz, Coordinator of Safety and Operation Services at (408) 522-2256.

ATTENDANCE

District Expectations Regarding Attendance (AR 5113)

Students are expected to have on-time, regular school attendance. Parents are expected to support such attendance and to contact the school promptly when a student is absent. When a student has accrued absences due to illness equal to or surpassing ten percent (10%) of the school days, from the date of enrollment to the current day, subsequent absences may be verified by a physician, school nurse, or other school personnel for each additional absence. Absences must be cleared daily, unless other arrangements are made with the school principal or designee. Failure to provide verification from the physician or school health services support specialist will result in those additional absences being recorded as unexcused. Each principal shall be responsible for specific implementation of the District Attendance Policies and Procedures at his/her school, including written communication regarding the District and School attendance procedures. Students who fail to abide by District expectations regarding attendance, including those who are truant or those students with excessive excused absences may be referred to Truancy Mediation or be required to appear before the District Attorney.

Excused Absences – EC 46014 and 48205

Pupils, with the written consent of their parents or guardians, may be excused from school in order to participate in religious exercises or to receive moral or religious instruction.

No pupil shall have his or her grade reduced or lose academic credit for any excused absence or absences, if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time.

(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:

(1) Due to his or her illness.

(2) Due to quarantine under the direction of a county or city health officer.

(3) For the purpose of having medical, dental, optometric, or chiropractic services rendered.

(4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.

(5) For the purpose of jury duty in the manner provided for by law.

(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent.

(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil's absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board.

(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.

(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefore. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.

(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.

(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.

(e) "Immediate family," as used in this section, has the same meaning as that set forth in Section 45194, except that references therein to "employee" shall be deemed to be references to "pupil."

Availability of Prospectus – EC 49063 and 49091.14

Each school must annually compile a prospectus of the curriculum to include titles, descriptions and instructional goals for every course offered by the school. Each school site shall make its prospectus available for review upon request.

Child Abuse and Neglect Reporting – BP 5141.4

The Board of Trustees recognizes that the district has a responsibility to protect students by facilitating the prompt reporting of known and suspected incidents of child abuse and neglect. The Superintendent or designee shall establish procedures for the identification and reporting of such incidents in accordance with law. Employees, who are mandated reporters, as defined by law and district administrative regulation, are obligated to report all known or suspected incidents of child abuse and neglect. Mandated reporters shall not investigate any suspected incidents but rather shall cooperate with agencies responsible for reporting, investigating and prosecuting cases of child abuse and neglect. The Superintendent or designee shall provide training regarding the reporting duties of mandated reporters.

Parents/guardians may contact Graham Clark, Associate Superintendent of Administrative Services to obtain procedures for filing a complaint against a district employee or other person whom they suspect has engaged in abuse of a child at a school site.

Confidential Medical Services Release - EC 46010.1

Students in grade 7-12 may be excused from school for the purpose of obtaining confidential medical services without the consent of the student’s parent or guardian.

Directory Information – EC 49073

“Directory Information” includes one or more of the following items: student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent public or private school attended by the student. School districts determine in advance which individuals, officials, or organizations may receive directory information. No information may be released to a private profit making entity other than employers, prospective employers and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. Directory information may be disclosed without prior consent from the parent or legal guardian unless the parent or legal guardian submits a written notice to the school to deny access to his/her pupil’s directory information.

Section 928 of the Federal “No Child Left Behind” Act of 2001 requires schools to disclose directory information (names, addresses and telephone numbers) of high school students to military recruiters upon request, unless parent/legal guardian of the students request that such information not be released. (The “Denial of Military Request for Directory Information form” is available through school sites and on the FUHSD website under Annual Notifications.)

Disaster Preparedness Educational Materials – EC 32282.5

Each school has a disaster preparedness plan and conducts regular fire, earthquake and disaster drills. For a copy of your school’s Safety Plan, contact the principal of your school.

To be eligible to participate in extracurricular and co-curricular activities, students in grades 9 through 12 must demonstrate satisfactory educational progress in the previous grading period including but not limited to:

Maintenance of a minimum of a 2.0 grade point average on a 4.0 scale

Maintenance of minimum progress toward meeting high school graduation requirements

The Superintendent or designee may grant ineligible students a probationary period of not more than one semester. Students granted probationary eligibility must meet the required standards by the end of the probationary period in order to remain eligible for participation.

Emergency Information - EC 49408

Parents are required to provide and keep current emergency contact information in order to facilitate communication in the event of an accident or illness.

Family Education Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their student's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;

Other schools to which a student is transferring;

Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student;

Organizations conducting certain studies for or on behalf of the school;

Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena;

Appropriate officials in cases of health and safety emergencies; and

State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification is left to the discretion of each school.

For additional information or technical assistance, you may call (202) 260-3887.

Parents may request information and the professional qualifications of their child’s classroom teachers. Requests should be made in writing and directed to the attention of Tom Avvakumovits, Director of Human Resources. Parents will receive a written response informing them of the following:

If their child’s teacher has met State qualifications for grade levels and subject areas taught;

If their child’s teacher is teaching under an emergency credential or other provisional status;

If their child is receiving services from a paraprofessional and if so, his/her qualifications;

The baccalaureate degree major of the teacher or any other graduate certification or degree held by the teacher and the field of discipline or certification or degree.

​Free and Reduced-price Meals – EC 49510

Free or reduced-price lunches are available at school for pupils whose parents or legal guardians qualify, based on annual household income, and complete the required application form. Applications forms may be obtained at the school office, on school websites and are also available on the FUHSD website under Annual Notifications.

Harm or Destruction of Animals – EC 32255

Any pupil with a moral objection to dissecting or otherwise harming or destroying an animal, or any part thereof, must inform his or her teacher of the objection. Objections must be substantiated by a note from the pupil’s parent or guardian.

A pupil who chooses to refrain from participation in an education project involving the harmful or destructive use of an animal may receive an alternative education project, if the teacher believes that an adequate alternative education project is possible. The teacher may work with the pupil to develop and agree upon an alternative education project so that the pupil may obtain the knowledge, information, or experience required by the course of study in question.

Homeless Youth Education – 42 United States Code 11432

Requires school district homeless liaisons to ensure parents of homeless pupils are informed of educational and related opportunities available to their children and are provided with meaningful opportunities to participate in education of their children.

The federal McKinney-Vento Homeless Assistance Act ensures educational rights and protections for children and youth experiencing homelessness. This includes children and youth who are living with a friend, relative or someone else because the family has lost their housing; children and youth staying in a motel or hotel due to lack of adequate alternative accommodations; children and youth living in an emergency or transitional shelter or a domestic violence shelter; and children and youth who are living in cars, parks, public spaces abandoned buildings, etc. It is the policy of Congress that students in homeless situations shall have access to the education and other services they need to ensure they have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.

Services provided to students identified as homeless include:

Every local education agency designates a staff person to act as the educational liaison for students in homeless situations.

Students have the option of remaining in their school of origin to the extent feasible or transferring to the local school in the current attendance area when moving to a different address or community. The parent/guardian determines which school is in the child’s best interest.

Students are immediately enrolled in school even if they do not have the documents required. The Liaison can request the necessary documents from previous schools or help to schedule required immunizations.

Students will be provided transportation to and from school at the parent’s request.

Students will be provided free/reduced lunch.

Students will be provided Title 1 services.

School districts will establish a dispute resolution process to resolve disagreements between parents and the district. Families living in homeless situations may contact the Liaison to help them put the disagreement into writing.

​Grounds for Suspension and Expulsion – EC 48900

A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:

(1) Caused, attempted to cause, or threatened to cause physical injury to another person; (2) Willfully used force or violence upon the person of another, except in self-defense.

Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.

Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.

Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.

Committed or attempted to commit robbery or extortion.

Caused or attempted to cause damage to school property or private property.

Stolen or attempted to steal school property or private property.

Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products.

Committed an obscene act or engaged in habitual profanity or vulgarity.

Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.

Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

Knowingly received stolen school property or private property.

Possessed an imitation firearm. As used in this section, "imitation firearm" means a replica of a firearm that is as substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.

Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.

Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.

Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, "hazing" means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, "hazing" does not include athletic events or school-sanctioned events.

Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.

A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:

While on school grounds.

While going to or coming from school.

During the lunch period whether on or off the campus.

During, or while going to or coming from, a school sponsored activity.

A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).

As used in this section, "school property" includes, but is not limited to, electronic files and databases.

A superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this section.

It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.

Identification of Individuals for Special Education - BP 6164.4

The Board of Trustees recognizes the need to actively seek out and evaluate district residents from birth to age 21 who have disabilities in order to provide them with appropriate educational opportunities in accordance with state and federal law.

The Superintendent or designee shall develop processes to determine when an individual is eligible for special education services and shall establish systematic procedures for special education program identification, screening, referral, assessment, planning, implementation, review and triennial assessment.

The Superintendent or designee shall develop a method to ensure that all eligible individuals residing within the district are currently receiving needed special education and related services. In addition, the Superintendent or designee shall consult with appropriate representatives of private school students with disabilities on how to identify, locate and evaluate these students.

The Superintendent or designee shall establish a method whereby parents/guardians, teachers, appropriate professionals and others may refer an individual for assessment for special education services. Identification procedures shall be coordinated with school site procedures for referral of students with needs that cannot be met with modifications to the regular instructional program. For assessment purposes, staff shall use appropriate tests to identify specific information about the individual's abilities in accordance with Education Code 56320.

The Superintendent or designee shall notify parents/guardians in writing of their rights related to identification, referral, assessment, instructional planning, implementation and review, including the District's procedures for initiating a referral for assessment to identify individuals who need special education services. The requirements of this regulation do not apply to those situations in which a district has placed a student with a disability in a private school as a means of fulfilling the district’s obligations to provide a free appropriate public education (FAPE) or when the parent/ guardian has made a unilateral placement of the student in a private school when the provision of FAPE is an issue. The District shall not be liable for costs incurred due to the unilateral placement made by a parent/guardian.

Unless a pupil’s parent or legal guardian provides the school with an acceptable signed waiver, a pupil must be immunized against certain communicable diseases. Students are prohibited from attending school until the immunization requirements are met. All students must show evidence of immunization against poliomyelitis, DPT/TD (Diphtheria, Pertussis, and Tetanus), Whooping Cough/Pertussis booster (after Age 7) and Measles & Diphtheria only, and Measles upon initial entrance into a school unless immunization is contrary to religious beliefs. In addition, Santa Clara County Department of Public Health requires that all students entering from outside Santa Clara County must have a Mantoux Tuberculosis Test before starting school. Students entering school in California must have proof of immunization against or a history of chicken pox (varicella).

Insurance - EC 49472

The governing board of any school district or districts which does not employ at least five physicians as full-time supervisors of health, or the equivalent thereof, may provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance or through policies of liability insurance from authorized insurers, for injuries to pupils of the district or districts arising out of accidents occurring while in or on buildings and other premises of the district or districts during the time such pupils are required to be therein or thereon by reason of their attendance upon a regular day school of such district or districts or while being transported by the district or districts to and from school or other place of instruction, or while at any other place as an incident to school-sponsored activities and while being transported to, from and between such places.

No pupil shall be compelled to accept such service without his consent, or if a minor without the consent of his parent or guardian. The cost of the insurance or membership may be paid, from the funds of the district or districts, or by the insured pupil, his parent or guardian. Such insurance may be purchased from, or such membership may be taken in, only such companies or corporations as are authorized to do business in California. If you would like to purchase student accident insurance, please pick up an application from your school.

A pupil with a temporary disability which makes attendance in the regular day classes or the alternative educational program in which the pupil is enrolled impossible or inadvisable may receive individualized instruction provided in the pupil’s home for one hour a day.

A pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, may be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.

It is the responsibility of the parent or guardian to notify the school district in which the hospital or other residential health facility is located of the presence of a pupil with a temporary disability. Upon receipt of the notification, the district will within five working days determine whether the pupil will be able to receive individualized instruction pursuant to EC 48206.3 and, if so, provide the instruction within five working days or less.

It is the responsibility of the parent or guardian to notify the school district in which the hospital or other residential health facility is located of the presence of a pupil with a temporary disability. Upon receipt of the notification, the district will within five working days determine whether the pupil will be able to receive individualized instruction pursuant to EC 48206.3 and, if so, provide the instruction within five working days or less. For further information, parents or guardians should contact the School Nurse Consultant/Special Education Office at (408) 522-2238.

Interdistrict Transfers - BP 5117

The Superintendent/designee shall be responsible for establishing agreements with other school districts to provide for interdistrict transfers of students. Because of limited space within District schools and limited resources, the Board of Trustees discourages transfers into the district and will consider approving such transfers only on a case-by-case basis through an interdistrict attendance agreement.

Medication Regimen – EC 49480

The parent or legal guardian of any pupil taking medication on a regular basis must inform the school nurse or [other contact person] of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the medication on the pupil.

Students may not possess either over-the-counter or prescription medication during the regular school day or at school related functions without written consent. Although recent legislation allows for students to care and self-administer Epi-Pens and/or asthma inhalers, the law requires a detailed written confirmation from the student’s physician, including confirmation that the student is able to self-administer the medication.

A new medication authorization is required at the beginning of each school year. A separate form is required for each medication. The medication must be in the original pharmacy container labeled with the student’s name, medication name, dosage and dosage schedule, physician’s name and phone number, and expiration date of the medication.

Parents and/or guardians must contact the school office, fill out, and return the Authorization for Student to Carry Medication at School, which is available at all school sites. The form is also available on-line at www.fuhsd.org/meds. The form must be completed and on file at the beginning of each school year. If you have any questions or concerns, please contact Susan Lake, RN, MSN, School Nurse Consultant at (408) 522-2238.

Minimum and Pupil-free Staff Development Days – EC 48980

Parents and guardians of all pupils are to be informed of the schedule of minimum days and pupil-free staff development days. If minimum or pupil-free staff development days are scheduled after the start of the school year, the school will notify parents and guardians of affected pupils as early as possible, but not later than one month prior to the scheduled day.

Nondiscrimination in District Programs and Activities – BP0410

The Board of Trustees is committed to equal opportunity for all individuals in education. District programs and activities shall be free from discrimination based on race, color, religion, ancestry, national origin, ethnic group identification, age, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; the perception of one or more of such characteristics; or association with a person or group with one of more of these actual or perceived characteristics. The Board shall promote programs which ensure that discriminatory practices are eliminated in all district activities.

The District requires that school personnel take immediate steps to intervene when it is safe to do so and when he/she witnesses an act of discrimination, harassment, intimidation or bullying.

Any person with a disability or who is unable to prepare a written complaint can receive assistance from the site administrator/designee or the Associate Superintendent of Administrative Services at (408) 522-2205.

Notice of Alternative Schools – EC 58501

California state law authorizes all school districts to provide for alternative schools. Education Code 58500 defines alternative school as a school or separate class group within a school which is operated in a manner designed to:

Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy.

Recognize that the best learning takes place when the student learns because of his/her desire to learn.

Maintain a learning situation maximizing student self-motivation and encouraging the student in his/her own time to follow his/her own interests. These interests may be conceived by him/her totally and independently or may result in whole or in part from a presentation by his/her teachers of choices of learning projects.

Maximize the opportunity for teachers, parents, and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process.

Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including, but not limited to, the community in which the school is located.

In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this district, and the principal’s office in each attendance unit have copies of the law available for your information. This law particularly authorizes interested persons to request the governing board of the district to establish alternative school programs in each district.

​Notice to School of Nonepisodic Condition - EC 49480

The parent or legal guardian of any public school pupil on a continuing medication regimen for a nonepisodic condition shall inform the school nurse or other designated certificated school employee of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian of the pupil, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the drug on the child's physical, intellectual, and social behavior, as well as possible behavioral signs and symptoms of adverse side effects, omission, or overdose. The superintendent of each school district shall be responsible for informing parents of all pupils of the requirements of this section.

​Pesticide Products – EC 17612In support of the Healthy Schools Act (AB 2260), the Fremont Union High School District will implement policies and procedures to control structural and landscape pests/weeds and minimize exposure of pesticides/herbicides to students and staff.

To obtain information on all pesticide products and expected use at FUHSD facilities during the year, please contact Erik Walukiewicz, Director of Facilities at (408) 522-2256. The notice will identify the active ingredient(s) in each pesticide product and an internet address on pesticide use and reduction.

​Prohibition against Retaliation

Retaliation against a student, parent/guardian or other individual because he or she has filed a complaint or assisted or participated in an unlawful discrimination proceeding, or who has otherwise acted to assert the rights of students to be free from unlawful discrimination is also prohibited. Any student or employee found to have retaliated against another in violation of this policy will be subject to discipline.

Students who knowingly file false discrimination complaints or give false statements in an investigation will be subject to consequences including discipline measures up to and including suspension and expulsion.

​Physical Examination – EC 49451

A parent or guardian may file annually with the school principal a written statement, signed by the parent or legal guardian, withholding consent to a physical examination of the pupil. However, whenever there is good reason to believe that the pupil is suffering from a recognized contagious or infectious disease, the pupil shall be sent home and shall not be permitted to return until school authorities are satisfied that the contagious or infectious disease no longer exists.

A cumulative record, whether recorded by handwriting, print, tapes, film, microfilm or other means, must be maintained on the history of a pupil’s development and educational progress. FUHSD will protect the privacy of such records. Parents/guardians have the right to 1) inspect and review the student’s educational record maintained by the school, 2) request that a school correct records which they believe to be inaccurate or misleading, and 3) have some control over the disclosure of information from educational records. School officials with legitimate educational interests may access student records without parental consent as long as the official needs to review the records in order to fulfill his/her professional responsibility. Upon request from officials of another school district in which a student seeks or intends to enroll, FUHSD shall disclose educational records without parental consent.

Parents’ request to access their student’s educational records must be submitted in a written form to the school principal and the school will have five (5) business days from the day of receipt of the request to provide access to the records. Copies of student records are available to parents for a fee of no more than 10 cents per page.

Any challenge to school records must be submitted in writing to the school principal. A parent challenging school records must show that the records are 1) inaccurate, 2) an unsubstantiated personal conclusion or inference, 3) a conclusion or inference outside the observer’s area of competence, 4) not based on the personal observation of a named person with the time and place of the observation noted, 5) misleading, or 6) in violation of the privacy or other rights of the student.

Parents have the right to file a complaint with the United States Department of Education concerning an alleged failure by the District to comply with the provisions of the United States Family Educational Rights and Privacy Act (FERPA) by writing to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., SW, Washington, D.C. 20202-5920.

Rehabilitation Act of 1973, Section 504

This civil rights statute provides for the referral, evaluation, and reasonable accommodation of students who may have a physical or mental impairment that substantially limits a major life activity under Section 504. Rights pertinent to Section 504 are available from the local school or from the Special Services Dept. Please notify your student’s school or the Assistant Director of Special Services of any student who may need special help by calling (408) 522-2232

Residency and Open Enrollment – EC35160.5

To register a student, the parent/legal guardian must supply three types of original documentation, including, but not limited to:

Valid photo ID

Current valid vehicle registration, current year’s W-2’s, or current paycheck/paystub with name and full address of employer and employee appearing on paycheck/paystub.

Current property tax bill with parent’s name and property address indicating homeowner’s exemption OR rental/lease agreement with parent’s name, student’s name and address, as well as manager/owner’s name and phone number

If at any time a student’s residence is in question, the District will investigate. These investigations may include the use of home visits, interviews, and photography.

Fremont Union High School District has established rules and regulations regarding an open enrollment policy within the District for residents of the District. As required under this section, the policy includes the following elements:

Parents and guardians of each school-age child who is a resident in the district may select the school the child shall attend, irrespective of the particular location of his/her residence within the district.

A selection policy for any school that receives request for admission in excess of the capacity of the school that ensures selection of students to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether any student should be enrolled based on his or her academic or athletic performance. For the purposes of this subdivision, the school district Governing Board shall determine the capacity of the schools in its district.

No student who currently resides in the attendance area of a school shall be displaced by students transferring from outside the attendance area.

The Board of Trustees determined that District schools do not have sufficient excess capacity to permit intra-district transfers through Open Enrollment for the 2014-15 school year.

Beginning in the 2005-06 school year, each student completing grade 12 shall have successfully passed the state exit examination in language arts and mathematics as a condition of high school graduation. Detailed information regarding the high school exit exam is provided under separate cover annually to students and parents and/or may be found on the District website at http://www.fuhsd.org/EXITexam. For questions or additional information, please contact the Coordinator of Curriculum & Assessment at (408) 522-2291.

​School Safety Plan – EC 32280

Each Santa Clara County Office of Education school site has a School Safety Plan, which includes a comprehensive disaster preparedness plan. Copies are available to read at each school office.

Sex and HIV/AIDS Education – EC 51938

The purpose of the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act (Education Codes 51930 through 51939) is to provide every student with the knowledge and skills necessary to protect their sexual and reproductive health from unintended pregnancy and sexually transmitted diseases.

The Santa Clara County Office of Education will provide instruction in comprehensive sexual health education, HIV/AIDS prevention education, and/or will conduct assessments on pupil health behaviors and risks in the coming school year.

Parents or guardians may:

Inspect the written and audiovisual educational materials used in the comprehensive sexual health and HIV/AIDS prevention education

Request in writing that their child not receive comprehensive sexual health or HIV/AIDS prevention education

Request a copy of Education Codes 51930 through 51939

Be informed whether the comprehensive sexual health or HIV/AIDS prevention education will be taught by district personnel or outside consultants

When the district chooses to use outside consultants or to hold an assembly with guest speakers to teach comprehensive sexual health or HIV/AIDS prevention education, to be informed of:

a. The date of the instruction

b. The name of the organization or affiliation of each guest speaker

The Santa Clara County Office of Education may administer to students in grades 7 through 12 anonymous, voluntary, and confidential research and evaluation instruments, including tests and surveys, containing age-appropriate questions about their attitudes or practices relating to sex. Prior to administering such a research and evaluation instrument, parents/guardians shall be provided written notice of the administration. Parents/guardians shall be given an opportunity to review the research instrument and to request in writing that their child not participate.

Sexual Harassment – EC 48980(g)

It is the policy of the Fremont Union High School District to maintain a learning and working environment which is free from sexual harassment. Sexual harassment is a form of sex discrimination under Title IX of the Education Amendments of the Civil Rights Act of 1972 and is prohibited by both Federal and State law. Therefore, the FUHSD and Board of Trustees prohibits sexual harassment in all schools and facilities within the organization. FUHSD regards sexual harassment as improper, immoral, illegal, and such actions will not be tolerated. This policy is implemented to inform students, staff and parents about what sexual harassment is and the procedures which will be followed by FUHSD upon receipt of sexual harassment allegations.

The FUHSD sexual harassment policy is intended as a preventive measure to protect against sexual harassment before it occurs. The term “sexual harassment” is intended to mean sexual harassment in the broadest meaning of that term in current popular as well as legal usage. Sexual harassment is deliberate and/or repeated sexual or sex-based behavior that is not welcome and is not requested.

The California Education Code specifies that a pupil may be suspended from school or recommended for expulsion if the superintendent or principal of the school in which the pupil is enrolled determines that the pupil has committed sexual harassment.

For purposes of this policy, the conduct must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive as to create an intimidating, hostile, or offensive educational environment or to have a negative impact upon the individual’s academic performance.

Teachers and other school personnel shall discuss this policy with students in age-appropriate ways and will assure students that they need not endure any form of sexual harassment.

Any student who feels that he/she has been the victim of sexual harassment by an employee, student or volunteer of FUHSD as defined in this policy and administrative regulations shall immediately report the matter to any school official of the school of attendance. The person receiving the complaint shall immediately report the matter to a school administrator, and an investigation into the complaint will begin.

Any staff member who has knowledge of conduct of FUHSD employees, volunteers, students, or other individuals of the school community which may constitute sexual harassment, is expected to report immediately such conduct to an administrator of the school at which the student is in attendance.

Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned. All complaints will be taken seriously and confidentiality will be maintained as appropriate. There shall be no retaliation in any form against any complainant or participant in the complaint process.

All employees and pupils shall be notified of this Board Policy on a regular basis.

To promote an environment free of sexual harassment, the school administrator or designee shall provide staff training and ensure student notification.

Contact the school principal if you have any questions or would like additional information. Formal complaints may be filed with Graham Clark, Associate Superintendent of Administrative Services at (408) 522-2205 or at graham_clark@fuhsd.org

​Sight and Vision Screening – EC 49452 and 49455

The governing board of any school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the district; or by certificated employees of the district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for Teacher Preparation and Licensing; or by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the district is located, under guidelines established by the State Board of Education; or accredited schools or colleges of optometry, osteopathic medicine, or medicine.

​Student Dress and Grooming – BP 5132

The Board of Trustees believes that appropriate dress and grooming contribute to a productive learning environment. The Board expects students to give proper attention to personal cleanliness and to wear clothes that are suitable for the school activities in which they participate. Students' clothing must not present a health or safety hazard or a distraction which would interfere with the educational process.

Sunscreen and Sun-protective Clothing – EC 35183.5

Each school site shall allow for outdoor use during the school day, articles of sun-protective clothing, including but not limited to hats. Pupils may use sunscreen during the school day without a physician's note or prescription.

​Surveys – EC 51513

Anonymous, voluntary and confidential research and evaluation tools to measure student’s health behaviors and risks, including tests, questionnaires, and surveys containing age-appropriate questions about the student’s attitudes and practices relating to sex, family life, morality, and religion may be administered to students if the parent is notified in writing that 1) this test, questionnaire, or survey is to be administered, 2) the student’s parent is given the opportunity to review the test, questionnaire, or survey, and 3) the parent consents in writing.

In accordance with state and federal law, smoking is prohibited in all FUHSD facilities and vehicles.

All school districts and county offices of education that receive Tobacco Use Prevention (TUPE) funds are required to adopt and enforce a tobacco-free campus policy, to communicate this policy to school staff, parents, pupils and community, and to post signs stating “Tobacco Use Prohibited” at all entrances to the school.

Under Health and Safety Code Section 104495, smoking or use of any tobacco-related products and disposal of any tobacco-related waste within 25 feet of a school grounds is prohibited, except on a public sidewalk located within 25 feet of the school site. The products prohibited include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, electronic cigarettes, electronic hookahs, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products.

Uniform Complaint Procedure

BP 1312. 1-4: The Fremont Union High School District (FUHSD) has the primary responsibility to insure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination, harassment, intimidation and bullying, and complaints alleging violation of state or federal laws governing educational programs and the charging of unlawful fees. The District shall investigate and seek to resolve complaints using policies and procedures known as the Uniform Complaint Procedures (UCP) adopted by the Fremont Union High School District.

BP 1312.3: The District shall investigate complaints alleging failure to comply with laws and/or allegations of unlawful discrimination, harassment, intimidation, or bullying complaints based on actual or perceived age, ancestry, color, ethnic group identification, gender expression, gender identity, gender, disability, nationality, national origin, race or ethnicity, religion, sex, sexual orientation, or on a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity that receives or benefits from state or federal financial assistance.

BP1312.4: The District shall also investigate allegations that it has charged impermissible fees for participation in an educational activity. A complaint of noncompliance with laws relating to pupil fees may be filed pursuant to the local UCP. A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.

A pupil fee includes, but is not limited to, all of the following:

A fee charged to a pupil as a condition for registering for school or classes or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.

A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book class apparatus, musical instrument, clothes, or other materials or equipment.

A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.

Complaints of noncompliance with laws relating pupil fees are filed with a principal of a school. A complaint regarding pupil fees may be filed anonymously if the complaint provides evidence or information to support an allegation of noncompliance with laws relating to pupil fees. Should the District find merit in a pupil fees complaint, the District will provide a remedy to all affected students, parents and guardians, and where applicable, all efforts will be made to compensate all involved in the payment of those fees. (General Complaint Forms can be found on the FUHSD website under Complaint Procedures.)

Complaints may be filed with the District’s Compliance Officers as follows:

There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials, each pupil, including English learners, much have a textbook or instructional materials, or both, to use in class and to take home.

School facilities must be clean, safe, and maintained in good repair.

There should be no teacher vacancies or misassignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including the certification required to teach English learners, if present.

Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assignment at the beginning of a semester for an entire semester.

Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.

If a school is found to have deficiencies in these areas, and the school does not take corrective action, a complaint form can be obtained at the school office, district office, or downloaded from the school or district web site. You may also download a copy of the California Department of Education complaint form from the following web site: http://www.cde.ca.gov/re/cp/us Parents, students, teachers or any member of the public may submit a complaint regarding these issues. However, it is highly encouraged that individuals express their concerns to the school principal before completing the complaint forms to allow the school to respond to these concerns.

(Sample form is below and can also be found on the FUHSD website under Complaint Procedures.)

Education Code (EC) Section 35186 created a procedure for the filing of complaints concerning deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. The complaint and response are public documents as provided by statute. Complaints may be filed anonymously. However, if you wish to receive a response to your complaint, you must provide the following contact information.

q A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state-adopted or district-adopted textbooks or other required instructional materials to use in class.

q A pupil does not have access to textbooks or instructional materials to use at home or after school. This does not require two sets of textbooks or instructional materials for each pupil.

q Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.

q A pupil was provided photocopied sheets from only a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials.

2. Facility Conditions

q A condition poses an urgent or emergency threat to the health or safety of students or staff, including: gas leaks, nonfunctioning heating, ventilation, fire sprinklers or air-conditioning systems, electrical power failure, major sewer line stoppage, major pest or vermin infestation, broken windows or exterior doors or gates that will not lock and that pose a security risk, abatement of hazardous materials previously undiscovered that pose an immediate threat to pupils or staff, structural damage creating a hazardous or uninhabitable condition, and any other emergency conditions the school district determines appropriate.

q A school restroom has not been maintained or cleaned regularly, is not fully operational and has not been stocked at all times with toilet paper, soap, and paper towels or functional hand dryers.

q The school has not kept all restrooms open during school hours when pupils are not in classes, and has not kept a sufficient number of restrooms open during school hours when pupils are in classes.

3. Teacher Vacancy or Misassignment

q Teacher vacancy - A semester begins and a teacher vacancy exists. (A teacher vacancy is a position

To which a single designated certificated employee has not been assigned at the beginning of the year

for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester.)

Teacher misassignment - A teacher who lacks credentials or training to teach English learners is

assigned to teach a class with more than 20 percent English learner pupils in the class.

Teacher misassignment - A teacher is assigned to teach a class for which the teacher lacks subject matter competency.

4. High School Exit Examination (For school districts who receive intensive instruction funds)

Pupils who have not passed the high school exit exam by the end of 12th grade were not provided the opportunity to receive intensive instruction and services pursuant to Education Code 37254 (d) (4) and (5) after the completion of grade 12.

Date of Problem:_____________________________________________________________________________

Location of Problem (School Name, Address, and Room Number or Location):____________________________

Please describe the issue of your complaint in detail. You may attach additional pages if necessary to fully describe the situation._________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________

Please file this complaint at the following location:

589 W. Fremont Ave, Sunnyvale, Ca 94087

Phone: (408) 522-2261

NOTICE TO PARENTS/GUARDIANS, PUPILS, AND TEACHERS - COMPLAINT RIGHTS

Parents/Guardians, Pupils, and Teachers:

Pursuant to Education Code 35186, you are hereby notified that:

There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials, each pupil, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home.

School facilities must be clean, safe, and maintained in good repair.

There should be no teacher vacancies or misassignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including the certification required to teach English learners, if present.

Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assignment at the beginning of a semester for an entire semester.

Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.

Pupils, including English learners, who have not passed one or both parts of the high school examination by the end of grade 12, are to be provided the opportunity to receive intensive instruction and services for up to two consecutive academic years after the completion of grade 12.

A complaint form can be obtained at the school office or district office, or downloaded from the school or district web site. You may also download a copy of the California Department of Education complaint form from the following web site: http://www.cde.ca.gov/re/cp/us.